The latest advocate general
opinion on keyword advertising
has recently been issued in
Interflora Inc v Marks & Spencer
plc (Case C-323/09), a reference
for a preliminary ruling by the
as cybersquatting (fortunately, there has
been much progress in this field) and
typosquatting – and evolving to trademark
and copyright infringement through,
among other things, keyword
The opinion represents a blow to brand owners, as the advocate general stated that Google's use of keywords corresponding to trademarks in its AdWords system did not constitute infringement of those marks
The case concerned the use of the trademark PORTAKABIN as a keyword in Google's Adwords system.
In Interflora v Marks & Spencer (Case C-323/09), the European Court of Justice (ECJ) has held that a trademark owner is entitled to object to the use of its mark as a keyword if internet users cannot tell
While keyword litigation has not disappeared completely in the West, case law over the use of third-party marks in keyword ads is largely settled.
Interflora Inc v Marks and Spencer PLC, the Chancery Division of the High Court of England and Wales has decided to refer questions to the ECJ concerning use of a third party's registered trademark as a keyword
plaintiff's mark when it sold to the plaintiff's competitors the right to
have their advertisements, or sponsored links, delivered in search results when
consumers entered the mark as a search term or keyword
with the growing trend among federal district courts, the US District Court for the District of Massachusetts has denied a partial motion to dismiss on the grounds that the purchase of a trademarked keyword
California, requesting a declaratory judgment that its controversial
AdWords program, which permits advertisers to place advertisements (ie, sponsored
links) on the Google home page when a registered keyword
The advocate general of Europe's highest court today gave his backing to Google's controversial AdWords system, which allows advertisers to purchase third-party trademarks as keywords to trigger sponsored
There is no stopping Google selling trademark terms as keywords. That is the message from the US courts this week.
The Court of Appeal for England and Wales today ordered a retrial in the long-running keyword dispute between Interflora and Marks & Spencer, finding that the trial judge had made a number of legal errors
On May 21 the High Court handed down judgment in Interflora Inc v Marks and Spencer Plc, holding that M&S had infringed Interflora’s trademarks by using ‘Interflora’ as a keyword in conjunction
The news that Google is being investigated on antitrust concerns is perhaps not surprising, but the fact that regulators may study Google's keywords policies certainly is.